Philippine Bar review · Question

Practice question: Residual Jurisdiction

Multiple Choice Hard

Practice question

Within the residual period, an execution-pending-appeal motion is heard on due notice, but the proposed order states no good reasons. No other execution basis exists. Counsel says residual jurisdiction eliminates that requirement. Which is sound?
  1. Residual authority does not dispense with Rule39 Section2’s good reasons stated in a special order
  2. Residual authority makes execution automatic
  3. Any oral preference replaces good reasons
  4. Notice alone always compels execution
  5. Perfection alone proves good reasons

Legal references

  • Rules41 Section9,42 Section8 and39 Section2, continuing appellate provisions: https://lawphil.net/courts/rules/rc_1-71_civil.html
  • Supreme Court2019 Civil Procedure text, Rules39–42: https://sc.judiciary.gov.ph/wp-content/uploads/2022/08/2019-rules-of-civil-procedure.pdf

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